Illinois General Assembly - Full Text of SB2932
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Full Text of SB2932  98th General Assembly


Rep. John E. Bradley

Filed: 5/21/2014





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2    AMENDMENT NO. ______. Amend Senate Bill 2932 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Illinois Vehicle Code is amended by
5changing Sections 4-203, 11-1431, 18a-300, and 18d-153 and by
6adding Section 4-203.5 as follows:
7    (625 ILCS 5/4-203)  (from Ch. 95 1/2, par. 4-203)
8    Sec. 4-203. Removal of motor vehicles or other vehicles;
9Towing or hauling away.
10    (a) When a vehicle is abandoned, or left unattended, on a
11toll highway, interstate highway, or expressway for 2 hours or
12more, its removal by a towing service may be authorized by a
13law enforcement agency having jurisdiction.
14    (b) When a vehicle is abandoned on a highway in an urban
15district 10 hours or more, its removal by a towing service may
16be authorized by a law enforcement agency having jurisdiction.



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1    (c) When a vehicle is abandoned or left unattended on a
2highway other than a toll highway, interstate highway, or
3expressway, outside of an urban district for 24 hours or more,
4its removal by a towing service may be authorized by a law
5enforcement agency having jurisdiction.
6    (d) When an abandoned, unattended, wrecked, burned or
7partially dismantled vehicle is creating a traffic hazard
8because of its position in relation to the highway or its
9physical appearance is causing the impeding of traffic, its
10immediate removal from the highway or private property adjacent
11to the highway by a towing service may be authorized by a law
12enforcement agency having jurisdiction.
13    (e) Whenever a peace officer reasonably believes that a
14person under arrest for a violation of Section 11-501 of this
15Code or a similar provision of a local ordinance is likely,
16upon release, to commit a subsequent violation of Section
1711-501, or a similar provision of a local ordinance, the
18arresting officer shall have the vehicle which the person was
19operating at the time of the arrest impounded for a period of
20not more than 12 hours after the time of arrest. However, such
21vehicle may be released by the arresting law enforcement agency
22prior to the end of the impoundment period if:
23        (1) the vehicle was not owned by the person under
24    arrest, and the lawful owner requesting such release
25    possesses a valid operator's license, proof of ownership,
26    and would not, as determined by the arresting law



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1    enforcement agency, indicate a lack of ability to operate a
2    motor vehicle in a safe manner, or who would otherwise, by
3    operating such motor vehicle, be in violation of this Code;
4    or
5        (2) the vehicle is owned by the person under arrest,
6    and the person under arrest gives permission to another
7    person to operate such vehicle, provided however, that the
8    other person possesses a valid operator's license and would
9    not, as determined by the arresting law enforcement agency,
10    indicate a lack of ability to operate a motor vehicle in a
11    safe manner or who would otherwise, by operating such motor
12    vehicle, be in violation of this Code.
13    (e-5) Whenever a registered owner of a vehicle is taken
14into custody for operating the vehicle in violation of Section
1511-501 of this Code or a similar provision of a local ordinance
16or Section 6-303 of this Code, a law enforcement officer may
17have the vehicle immediately impounded for a period not less
19        (1) 24 hours for a second violation of Section 11-501
20    of this Code or a similar provision of a local ordinance or
21    Section 6-303 of this Code or a combination of these
22    offenses; or
23        (2) 48 hours for a third violation of Section 11-501 of
24    this Code or a similar provision of a local ordinance or
25    Section 6-303 of this Code or a combination of these
26    offenses.



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1    The vehicle may be released sooner if the vehicle is owned
2by the person under arrest and the person under arrest gives
3permission to another person to operate the vehicle and that
4other person possesses a valid operator's license and would
5not, as determined by the arresting law enforcement agency,
6indicate a lack of ability to operate a motor vehicle in a safe
7manner or would otherwise, by operating the motor vehicle, be
8in violation of this Code.
9    (f) Except as provided in Chapter 18a of this Code, the
10owner or lessor of privately owned real property within this
11State, or any person authorized by such owner or lessor, or any
12law enforcement agency in the case of publicly owned real
13property may cause any motor vehicle abandoned or left
14unattended upon such property without permission to be removed
15by a towing service without liability for the costs of removal,
16transportation or storage or damage caused by such removal,
17transportation or storage. The towing or removal of any vehicle
18from private property without the consent of the registered
19owner or other legally authorized person in control of the
20vehicle is subject to compliance with the following conditions
21and restrictions:
22        1. Any towed or removed vehicle must be stored at the
23    site of the towing service's place of business. The site
24    must be open during business hours, and for the purpose of
25    redemption of vehicles, during the time that the person or
26    firm towing such vehicle is open for towing purposes.



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1        2. The towing service shall within 30 minutes of
2    completion of such towing or removal, notify the law
3    enforcement agency having jurisdiction of such towing or
4    removal, and the make, model, color and license plate
5    number of the vehicle, and shall obtain and record the name
6    of the person at the law enforcement agency to whom such
7    information was reported.
8        3. If the registered owner or legally authorized person
9    entitled to possession of the vehicle shall arrive at the
10    scene prior to actual removal or towing of the vehicle, the
11    vehicle shall be disconnected from the tow truck and that
12    person shall be allowed to remove the vehicle without
13    interference, upon the payment of a reasonable service fee
14    of not more than one half the posted rate of the towing
15    service as provided in paragraph 6 of this subsection, for
16    which a receipt shall be given.
17        4. The rebate or payment of money or any other valuable
18    consideration from the towing service or its owners,
19    managers or employees to the owners or operators of the
20    premises from which the vehicles are towed or removed, for
21    the privilege of removing or towing those vehicles, is
22    prohibited. Any individual who violates this paragraph
23    shall be guilty of a Class A misdemeanor.
24        5. Except for property appurtenant to and obviously a
25    part of a single family residence, and except for instances
26    where notice is personally given to the owner or other



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1    legally authorized person in control of the vehicle that
2    the area in which that vehicle is parked is reserved or
3    otherwise unavailable to unauthorized vehicles and they
4    are subject to being removed at the owner or operator's
5    expense, any property owner or lessor, prior to towing or
6    removing any vehicle from private property without the
7    consent of the owner or other legally authorized person in
8    control of that vehicle, must post a notice meeting the
9    following requirements:
10            a. Except as otherwise provided in subparagraph
11        a.1 of this subdivision (f)5, the notice must be
12        prominently placed at each driveway access or curb cut
13        allowing vehicular access to the property within 5 feet
14        from the public right-of-way line. If there are no
15        curbs or access barriers, the sign must be posted not
16        less than one sign each 100 feet of lot frontage.
17            a.1. In a municipality with a population of less
18        than 250,000, as an alternative to the requirement of
19        subparagraph a of this subdivision (f)5, the notice for
20        a parking lot contained within property used solely for
21        a 2-family, 3-family, or 4-family residence may be
22        prominently placed at the perimeter of the parking lot,
23        in a position where the notice is visible to the
24        occupants of vehicles entering the lot.
25            b. The notice must indicate clearly, in not less
26        than 2 inch high light-reflective letters on a



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1        contrasting background, that unauthorized vehicles
2        will be towed away at the owner's expense.
3            c. The notice must also provide the name and
4        current telephone number of the towing service towing
5        or removing the vehicle.
6            d. The sign structure containing the required
7        notices must be permanently installed with the bottom
8        of the sign not less than 4 feet above ground level,
9        and must be continuously maintained on the property for
10        not less than 24 hours prior to the towing or removing
11        of any vehicle.
12        6. Any towing service that tows or removes vehicles and
13    proposes to require the owner, operator, or person in
14    control of the vehicle to pay the costs of towing and
15    storage prior to redemption of the vehicle must file and
16    keep on record with the local law enforcement agency a
17    complete copy of the current rates to be charged for such
18    services, and post at the storage site an identical rate
19    schedule and any written contracts with property owners,
20    lessors, or persons in control of property which authorize
21    them to remove vehicles as provided in this Section. The
22    towing and storage charges, however, shall not exceed the
23    maximum allowed by the Illinois Commerce Commission under
24    Section 18a-200.
25        7. No person shall engage in the removal of vehicles
26    from private property as described in this Section without



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1    filing a notice of intent in each community where he
2    intends to do such removal, and such notice shall be filed
3    at least 7 days before commencing such towing.
4        8. No removal of a vehicle from private property shall
5    be done except upon express written instructions of the
6    owners or persons in charge of the private property upon
7    which the vehicle is said to be trespassing.
8        9. Vehicle entry for the purpose of removal shall be
9    allowed with reasonable care on the part of the person or
10    firm towing the vehicle. Such person or firm shall be
11    liable for any damages occasioned to the vehicle if such
12    entry is not in accordance with the standards of reasonable
13    care.
14        9.5. Except as authorized by a law enforcement officer,
15    no towing service shall engage in the removal of a
16    commercial motor vehicle that requires a commercial
17    driver's license to operate by operating the vehicle under
18    its own power on a highway.
19        10. When a vehicle has been towed or removed pursuant
20    to this Section, it must be released to its owner or
21    custodian within one half hour after requested, if such
22    request is made during business hours. Any vehicle owner or
23    custodian or agent shall have the right to inspect the
24    vehicle before accepting its return, and no release or
25    waiver of any kind which would release the towing service
26    from liability for damages incurred during the towing and



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1    storage may be required from any vehicle owner or other
2    legally authorized person as a condition of release of the
3    vehicle. A detailed, signed receipt showing the legal name
4    of the towing service must be given to the person paying
5    towing or storage charges at the time of payment, whether
6    requested or not.
7    This Section shall not apply to law enforcement,
8firefighting, rescue, ambulance, or other emergency vehicles
9which are marked as such or to property owned by any
10governmental entity.
11    When an authorized person improperly causes a motor vehicle
12to be removed, such person shall be liable to the owner or
13lessee of the vehicle for the cost or removal, transportation
14and storage, any damages resulting from the removal,
15transportation and storage, attorney's fee and court costs.
16    Any towing or storage charges accrued shall be payable by
17the use of any major credit card, in addition to being payable
18in cash.
19        11. Towing companies shall also provide insurance
20    coverage for areas where vehicles towed under the
21    provisions of this Chapter will be impounded or otherwise
22    stored, and shall adequately cover loss by fire, theft or
23    other risks.
24    Any person who fails to comply with the conditions and
25restrictions of this subsection shall be guilty of a Class C
26misdemeanor and shall be fined not less than $100 nor more than



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2    (g)(1) When a vehicle is determined to be a hazardous
3dilapidated motor vehicle pursuant to Section 11-40-3.1 of the
4Illinois Municipal Code or Section 5-12002.1 of the Counties
5Code, its removal and impoundment by a towing service may be
6authorized by a law enforcement agency with appropriate
8    (2) When a vehicle removal from either public or private
9property is authorized by a law enforcement agency, the owner
10of the vehicle shall be responsible for all towing and storage
12    (3) Vehicles removed from public or private property and
13stored by a commercial vehicle relocator or any other towing
14service authorized by a law enforcement agency in compliance
15with this Section and Sections 4-201 and 4-202 of this Code, or
16at the request of the vehicle owner or operator, shall be
17subject to a possessor lien for services pursuant to the Labor
18and Storage Lien (Small Amount) Act. The provisions of Section
191 of that Act relating to notice and implied consent shall be
20deemed satisfied by compliance with Section 18a-302 and
21subsection (6) of Section 18a-300. In no event shall such lien
22be greater than the rate or rates established in accordance
23with subsection (6) of Section 18a-200 of this Code. In no
24event shall such lien be increased or altered to reflect any
25charge for services or materials rendered in addition to those
26authorized by this Act. Every such lien shall be payable by use



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1of any major credit card, in addition to being payable in cash.
2    (4) Any personal property belonging to the vehicle owner in
3a vehicle subject to a lien under this subsection (g) shall
4likewise be subject to that lien, excepting only: child
5restraint systems as defined in Section 4 of the Child
6Passenger Protection Act and other child booster seats;
7eyeglasses; food; medicine; perishable property; any
8operator's licenses; any cash, credit cards, or checks or
9checkbooks; any wallet, purse, or other property containing any
10operator's license or other identifying documents or
11materials, cash, credit cards, checks, or checkbooks; and any
12personal property belonging to a person other than the vehicle
13owner if that person provides adequate proof that the personal
14property belongs to that person. The spouse, child, mother,
15father, brother, or sister of the vehicle owner may claim
16personal property excepted under this paragraph (4) if the
17person claiming the personal property provides the commercial
18vehicle relocator or towing service with the authorization of
19the vehicle owner.
20    (5) This paragraph (5) applies only in the case of a
21vehicle that is towed as a result of being involved in an
22accident. In addition to the personal property excepted under
23paragraph (4), all other personal property in a vehicle subject
24to a lien under this subsection (g) is exempt from that lien
25and may be claimed by the vehicle owner if the vehicle owner
26provides the commercial vehicle relocator or towing service



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1with proof that the vehicle owner has an insurance policy
2covering towing and storage fees. The spouse, child, mother,
3father, brother, or sister of the vehicle owner may claim
4personal property in a vehicle subject to a lien under this
5subsection (g) if the person claiming the personal property
6provides the commercial vehicle relocator or towing service
7with the authorization of the vehicle owner and proof that the
8vehicle owner has an insurance policy covering towing and
9storage fees. The regulation of liens on personal property and
10exceptions to those liens in the case of vehicles towed as a
11result of being involved in an accident are exclusive powers
12and functions of the State. A home rule unit may not regulate
13liens on personal property and exceptions to those liens in the
14case of vehicles towed as a result of being involved in an
15accident. This paragraph (5) is a denial and limitation of home
16rule powers and functions under subsection (h) of Section 6 of
17Article VII of the Illinois Constitution.
18    (6) No lien under this subsection (g) shall: exceed $2,000
19in its total amount; or be increased or altered to reflect any
20charge for services or materials rendered in addition to those
21authorized by this Act.
22    (h) Whenever a peace officer issues a citation to a driver
23for a violation of subsection (a) of Section 11-506 of this
24Code, the arresting officer may have the vehicle which the
25person was operating at the time of the arrest impounded for a
26period of 5 days after the time of arrest. An impounding agency



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1shall release a motor vehicle impounded under this subsection
2(h) to the registered owner of the vehicle under any of the
3following circumstances:
4        (1) If the vehicle is a stolen vehicle; or
5        (2) If the person ticketed for a violation of
6    subsection (a) of Section 11-506 of this Code was not
7    authorized by the registered owner of the vehicle to
8    operate the vehicle at the time of the violation; or
9        (3) If the registered owner of the vehicle was neither
10    the driver nor a passenger in the vehicle at the time of
11    the violation or was unaware that the driver was using the
12    vehicle to engage in street racing; or
13        (4) If the legal owner or registered owner of the
14    vehicle is a rental car agency; or
15        (5) If, prior to the expiration of the impoundment
16    period specified above, the citation is dismissed or the
17    defendant is found not guilty of the offense.
18    (i) Except for vehicles exempted under subsection (b) of
19Section 7-601 of this Code, whenever a law enforcement officer
20issues a citation to a driver for a violation of Section 3-707
21of this Code, and the driver has a prior conviction for a
22violation of Section 3-707 of this Code in the past 12 months,
23the arresting officer shall authorize the removal and
24impoundment of the vehicle by a towing service.
25(Source: P.A. 96-1274, eff. 7-26-10; 96-1506, eff. 1-27-11;
2697-779, eff. 7-13-12.)



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1    (625 ILCS 5/4-203.5 new)
2    Sec. 4-203.5. Tow rotation list.
3    (a) Each law enforcement agency whose duties include the
4patrol of highways in this State shall maintain a tow rotation
5list which shall be used by law enforcement officers
6authorizing the tow of a vehicle within the jurisdiction of the
7law enforcement agency. To ensure adequate response time, a law
8enforcement agency may maintain multiple tow rotation lists,
9with each tow rotation list covering tows authorized in
10different geographic locations within the jurisdiction of the
11law enforcement agency. A towing service may be included on
12more than one tow rotation list.
13    (b) Any towing service operating within the jurisdiction of
14a law enforcement agency may submit an application in a form
15and manner prescribed by the law enforcement agency for
16inclusion on the law enforcement agency's tow rotation list.
17The towing service does not need to be located within the
18jurisdiction of the law enforcement agency. To be included on a
19tow rotation list the towing service must meet the following
21        (1) possess a license permitting the towing service to
22    operate in every unit of local government in the law
23    enforcement agency's jurisdiction that requires a license
24    for the operation of a towing service;
25        (2) if required by the law enforcement agency for



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1    inclusion on that law enforcement agency's tow rotation
2    list, each owner of the towing service and each person
3    operating a vehicle on behalf of the towing service shall
4    submit his or her fingerprints to the Department of State
5    Police in the form and manner prescribed by the Department
6    of State Police. These fingerprints should be transmitted
7    through a live scan fingerprint vendor licensed by the
8    Illinois Department of Financial and Professional
9    Regulation. These fingerprints shall be checked against
10    the fingerprint records now and hereafter filed in the
11    Department of State Police and Federal Bureau of
12    Investigation criminal history records databases. The
13    Department of State Police shall charge a fee for
14    conducting the criminal history record check, which shall
15    be deposited in the State Police Services Fund and shall
16    not exceed the actual cost of the State and national
17    criminal history record check. The Department of State
18    Police shall furnish, pursuant to positive identification,
19    all Illinois conviction information to the law enforcement
20    agency maintaining the tow rotation list and shall forward
21    the national criminal history record information to the law
22    enforcement agency maintaining the tow rotation list. A
23    person may not own a towing service or operate a vehicle on
24    behalf of a towing service included on a tow rotation list
25    if that person has been convicted during the 5 years
26    preceding the application of a criminal offense involving



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1    one or more of the following:
2            (A) bodily injury or attempt to inflict bodily
3        injury to another person;
4            (B) theft of property or attempted theft of
5        property; or
6            (C) sexual assault or attempted sexual assault of
7        any kind.
8        (3) each person operating a vehicle on behalf of the
9    towing service must be classified for the type of towing
10    operation he or she shall be performing and the vehicle he
11    or she shall be operating;
12        (4) possess and maintain the following insurance in
13    addition to any other insurance required by law:
14            (A) comprehensive automobile liability insurance
15        with a minimum combined single limit coverage of
16        $1,000,000;
17            (B) commercial general liability insurance with
18        limits of not less than $1,000,000 per occurrence,
19        $100,000 minimum on-hook coverage, and garage keepers
20        legal liability and cargo; and
21            (C) a worker's compensation policy covering every
22        person operating a tow truck on behalf of the towing
23        service, if required under current law;
24        (5) possess a secure parking lot used for short-term
25    vehicle storage after a vehicle is towed that is open
26    during business hours and is equipped with security



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1    features as required by the law enforcement agency;
2        (6) utilize only vehicles that possess a valid vehicle
3    registration, display a valid Illinois license plate in
4    accordance with Section 5-202 of this Code, and comply with
5    the weight requirements of this Code;
6        (7) every person operating a towing or recovery vehicle
7    on behalf of the towing service must have completed a
8    Traffic Incident Management Training Program approved by
9    the Department of Transportation;
10        (8) hold a valid authority issued to it by the Illinois
11    Commerce Commission;
12        (9) comply with all other applicable federal, State,
13    and local laws; and
14        (10) comply with any additional requirements the
15    applicable law enforcement agency deems necessary.
16    The law enforcement agency may select which towing services
17meeting the requirements of this subsection (b) shall be
18included on a tow rotation list. The law enforcement agency may
19choose to have one towing service on its tow rotation list.
20Complaints regarding the process for inclusion on a tow
21rotation list or the use of a tow rotation list may be referred
22in writing to the head of the law enforcement agency
23administering that tow rotation list. The head of the law
24enforcement agency shall make the final determination as to
25which qualified towing services shall be included on a tow
26rotation list, and shall not be held liable for the exclusion



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1of any towing service from a tow rotation list.
2    (c) Whenever a law enforcement officer initiates a tow of a
3vehicle, the officer shall contact his or her law enforcement
4agency and inform the agency that a tow has been authorized.
5The law enforcement agency shall then select a towing service
6from the law enforcement agency's tow rotation list
7corresponding to the geographical area where the tow was
8authorized, and shall contact that towing service directly by
9phone, computer, or similar means. Towing services shall be
10contacted in the order listed on the appropriate tow rotation
11list, at which point the towing service shall be placed at the
12end of that tow rotation list. In the event a listed towing
13service is not available, the next listed towing service on
14that tow rotation list shall be contacted.
15    (d) A law enforcement agency may deviate from the order
16listed on a tow rotation list if the towing service next on
17that tow rotation list is, in the judgment of the authorizing
18officer or the law enforcement agency making the selection,
19incapable of or not properly equipped for handling a specific
20task related to the tow that requires special skills or
21equipment. A deviation from the order listed on the tow
22rotation list for this reason shall not cause a loss of
23rotation turn by the towing service determined to be incapable
24or not properly equipped for handling the request.
25    (e) In the event of an emergency a law enforcement officer
26or agency, taking into account the safety and location of the



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1situation, may deviate from the order of the tow rotation list
2and obtain towing service from any source deemed appropriate.
3    (f) If the owner or operator of a disabled vehicle is
4present at the scene of the disabled vehicle, is not under
5arrest, and does not abandon his or her vehicle, and in the law
6enforcement officer's opinion the disabled vehicle is not
7impeding or obstructing traffic, illegally parked, or posing a
8security or safety risk, the law enforcement officer shall
9allow the owner of the vehicle to specify a towing service to
10relocate the disabled vehicle. If the owner chooses not to
11specify a towing service, the law enforcement agency shall
12select a towing service for the vehicle as provided in
13subsection (c) of this Section.
14    (g) If a tow operator is present or arrives where a tow is
15needed and it has not been requested by the law enforcement
16agency or the owner or operator, the law enforcement officer,
17unless acting under Section 11-1431 of this Code, shall advise
18the tow operator to leave the scene.
19    (h) A law enforcement agency whose jurisdiction is limited
20to a municipality with a population of over 1,000,000 may work
21with a municipal agency to establish, maintain, and enforce
22that law enforcement agency's tow rotation list.
23    (625 ILCS 5/11-1431)
24    Sec. 11-1431. Solicitations at accident or disablement
25scene prohibited.



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1    (a) A tower, as defined by Section 1-205.2 of this Code, or
2an employee or agent of a tower may not: (i) stop at the scene
3of a motor vehicle accident or at or near a damaged or disabled
4vehicle for the purpose of soliciting the owner or operator of
5the damaged or disabled vehicle to enter into a towing service
6transaction; or (ii) stop at the scene of an accident or at or
7near a damaged or disabled vehicle unless called to the
8location by a law enforcement officer, the Illinois Department
9of Transportation, the Illinois State Toll Highway Authority, a
10local agency having jurisdiction over the highway, or the owner
11or operator of the damaged or disabled vehicle. This Section
12shall not apply to employees of the Department, the Illinois
13State Toll Highway Authority, or local agencies when engaged in
14their official duties. Nothing in this Section shall prevent a
15tower from stopping at the scene of a motor vehicle accident or
16at or near a damaged or disabled vehicle if the owner or
17operator signals the tower for assistance from the location of
18the motor vehicle accident or damaged or disabled vehicle.
19    (b) A person who violates this Section is guilty of a
20business offense and shall be required to pay a fine of more
21than $500, but not more than $1000. A person convicted of
22violating this Section shall also have his or her driver's
23license, permit, or privileges suspended for 3 months. After
24the expiration of the 3 month suspension, the person's driver's
25license, permit, or privileges shall not be reinstated until he
26or she has paid a reinstatement fee of $100. If a person



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1violates this Section while his or her driver's license,
2permit, or privileges are suspended under this subsection (b),
3his or her driver's license, permit, or privileges shall be
4suspended for an additional 6 months, and shall not be
5reinstated after the expiration of the 6 month suspension until
6he or she pays a reinstatement fee of $100.
7(Source: P.A. 96-1376, eff. 7-29-10.)
8    (625 ILCS 5/18a-300)  (from Ch. 95 1/2, par. 18a-300)
9    Sec. 18a-300. Commercial vehicle relocators - Unlawful
10practices. It shall be unlawful for any commercial vehicle
12        (1) To operate in any county in which this Chapter is
13    applicable without a valid, current relocator's license as
14    provided in Article IV of this Chapter;
15        (2) To employ as an operator, or otherwise so use the
16    services of, any person who does not have at the
17    commencement of employment or service, or at any time
18    during the course of employment or service, a valid,
19    current operator's employment permit, or temporary
20    operator's employment permit issued in accordance with
21    Sections 18a-403 or 18a-405 of this Chapter; or to fail to
22    notify the Commission, in writing, of any known criminal
23    conviction of any employee occurring at any time before or
24    during the course of employment or service;
25        (3) To employ as a dispatcher, or otherwise so use the



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1    services of, any person who does not have at the
2    commencement of employment or service, or at any time
3    during the course of employment or service, a valid,
4    current dispatcher's or operator's employment permit or
5    temporary dispatcher's or operator's employment permit
6    issued in accordance with Sections 18a-403 or 18a-407 of
7    this Chapter; or to fail to notify the Commission, in
8    writing, of any known criminal conviction of any employee
9    occurring at any time before or during the course of
10    employment or service;
11        (4) To operate upon the highways of this State any
12    vehicle used in connection with any commercial vehicle
13    relocation service unless:
14             (A) There is painted or firmly affixed to the
15        vehicle on both sides of the vehicle in a color or
16        colors vividly contrasting to the color of the vehicle
17        the name, address and telephone number of the
18        relocator. The Commission shall prescribe reasonable
19        rules and regulations pertaining to insignia to be
20        painted or firmly affixed to vehicles and shall waive
21        the requirements of the address on any vehicle in cases
22        where the operator of a vehicle has painted or
23        otherwise firmly affixed to the vehicle a seal or trade
24        mark that clearly identifies the operator of the
25        vehicle; and
26             (B) There is carried in the power unit of the



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1        vehicle a certified copy of the currently effective
2        relocator's license and operator's employment permit.
3        Copies may be photographed, photocopied, or reproduced
4        or printed by any other legible and durable process.
5        Any person guilty of not causing to be displayed a copy
6        of his relocator's license and operator's employment
7        permit may in any hearing concerning the violation be
8        excused from the payment of the penalty hereinafter
9        provided upon a showing that the license was issued by
10        the Commission, but was subsequently lost or
11        destroyed;
12        (5) To operate upon the highways of this State any
13    vehicle used in connection with any commercial vehicle
14    relocation service that bears the name or address and
15    telephone number of any person or entity other than the
16    relocator by which it is owned or to which it is leased;
17        (6) To advertise in any newspaper, book, list,
18    classified directory or other publication unless there is
19    contained in the advertisement the license number of the
20    relocator;
21        (7) To remove any vehicle from private property without
22    having first obtained the written authorization of the
23    property owner or other person in lawful possession or
24    control of the property, his authorized agent, or an
25    authorized law enforcement officer. The authorization may
26    be on a contractual basis covering a period of time or



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1    limited to a specific removal;
2        (8) To charge the private property owner, who requested
3    that an unauthorized vehicle be removed from his property,
4    with the costs of removing the vehicle contrary to any
5    terms that may be a part of the contract between the
6    property owner and the commercial relocator. Nothing in
7    this paragraph shall prevent a relocator from assessing,
8    collecting, or receiving from the property owner, lessee,
9    or their agents any fee prescribed by the Commission;
10        (9) To remove a vehicle when the owner or operator of
11    the vehicle is present or arrives at the vehicle location
12    at any time prior to the completion of removal, and is
13    willing and able to remove the vehicle immediately, except
14    for vehicles that require a commercial driver's license to
15    operate. Vehicles that require a commercial driver's
16    license to operate shall be disconnected from the tow truck
17    and the owner or operator shall be allowed to remove the
18    vehicle without interference upon the payment of a
19    reasonable service fee of not more than one-half of the
20    posted rate of the towing service as provided in paragraph
21    6 of subsection (f) of Section 4-203 of this Code, for
22    which a receipt shall be given. For purposes of this
23    paragraph, a tractor and trailer together shall be
24    considered 2 separate vehicles;
25        (10) To remove any vehicle from property on which signs
26    are required and on which there are not posted appropriate



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1    signs under Section 18a-302;
2        (11) To fail to notify law enforcement authorities in
3    the jurisdiction in which the trespassing vehicle was
4    removed within one hour of the removal. Notification shall
5    include a complete description of the vehicle,
6    registration numbers if possible, the locations from which
7    and to which the vehicle was removed, the time of removal,
8    and any other information required by regulation, statute
9    or ordinance;
10        (12) To impose any charge other than in accordance with
11    the rates set by the Commission as provided in paragraph
12    (6) of Section 18a-200 of this Chapter;
13        (13) To fail, in the office or location at which
14    relocated vehicles are routinely returned to their owners,
15    to prominently post the name, address and telephone number
16    of the nearest office of the Commission to which inquiries
17    or complaints may be sent;
18        (13.1) To fail to distribute to each owner or operator
19    of a relocated vehicle, in written form as prescribed by
20    Commission rule or regulation, the relevant statutes,
21    regulations and ordinances governing commercial vehicle
22    relocators, including, in at least 12 point boldface type,
23    the name, address and telephone number of the nearest
24    office of the Commission to which inquiries or complaints
25    may be sent;
26        (13.2) To fail, in the office or location at which



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1    relocated vehicles are routinely returned to their owners,
2    to ensure that the relocator's representative provides
3    suitable evidence of his or her identity to the owners of
4    relocated vehicles upon request;
5        (14) To remove any vehicle, otherwise in accordance
6    with this Chapter, more than 15 air miles from its location
7    when towed from a location in an unincorporated area of a
8    county or more than 10 air miles from its location when
9    towed from any other location;
10        (15) To fail to make a telephone number available to
11    the police department of any municipality in which a
12    relocator operates at which the relocator or an employee of
13    the relocator may be contacted at any time during the hours
14    in which the relocator is engaged in the towing of
15    vehicles, or advertised as engaged in the towing of
16    vehicles, for the purpose of effectuating the release of a
17    towed vehicle; or to fail to include the telephone number
18    in any advertisement of the relocator's services published
19    or otherwise appearing on or after the effective date of
20    this amendatory Act; or to fail to have an employee
21    available at any time on the premises owned or controlled
22    by the relocator for the purposes of arranging for the
23    immediate release of the vehicle.
24        Apart from any other penalty or liability authorized
25    under this Act, if after a reasonable effort, the owner of
26    the vehicle is unable to make telephone contact with the



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1    relocator for a period of one hour from his initial attempt
2    during any time period in which the relocator is required
3    to respond at the number, all fees for towing, storage, or
4    otherwise are to be waived. Proof of 3 attempted phone
5    calls to the number provided to the police department by an
6    officer or employee of the department on behalf of the
7    vehicle owner within the space of one hour, at least 2 of
8    which are separated by 45 minutes, shall be deemed
9    sufficient proof of the owner's reasonable effort to make
10    contact with the vehicle relocator. Failure of the
11    relocator to respond to the phone calls is not a criminal
12    violation of this Chapter;
13        (16) To use equipment which the relocator does not own,
14    except in compliance with Section 18a-306 of this Chapter
15    and Commission regulations. No equipment can be leased to
16    more than one relocator at any time. Equipment leases shall
17    be filed with the Commission. If equipment is leased to one
18    relocator, it cannot thereafter be leased to another
19    relocator until a written cancellation of lease is properly
20    filed with the Commission;
21        (17) To use drivers or other personnel who are not
22    employees or contractors of the relocator;
23        (18) To fail to refund any amount charged in excess of
24    the reasonable rate established by the Commission;
25        (19) To violate any other provision of this Chapter, or
26    of Commission regulations or orders adopted under this



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1    Chapter; .
2        (20) To engage in the removal of a commercial motor
3    vehicle that requires a commercial driver's license to
4    operate by operating the vehicle under its own power on a
5    highway without authorization by a law enforcement
6    officer.
7(Source: P.A. 94-650, eff. 1-1-06.)
8    (625 ILCS 5/18d-153)
9    Sec. 18d-153. Misrepresentation of affiliation. It shall
10be unlawful for any tower to misrepresent an affiliation with
11the State, a unit of local government, an insurance company, a
12private club, or any other entity, or falsely claim to be
13included on a law enforcement agency's tow rotation list
14maintained under Section 4-203.5 of the Illinois Vehicle Code,
15for the purpose of securing a business transaction with a
16vehicle owner or operator.
17(Source: P.A. 96-1369, eff. 1-1-11.)".